75R14211 JMM-D                          

         By Ratliff                                             S.B. No. 299

         Substitute the following for S.B. No. 299:

         By Goodman                                         C.S.S.B. No. 299

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the date for a hearing on an application for a

 1-3     protective order.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 84.001(a), Family Code, as added by S.B.

 1-6     797, Acts of the 75th Legislature, Regular Session, 1997, is

 1-7     amended to read as follows:

 1-8           (a)  On the filing of an application for a protective order,

 1-9     the court shall set a date and time for the hearing unless a later

1-10     date is requested by the applicant.  The [Except as provided by

1-11     Section 84.002, the] court may not set a date later than the 20th

1-12     [14th]  day after the date the application is filed.

1-13           SECTION 2.  Section 84.003, Family Code, as added by S.B.

1-14     797, Acts of the 75th Legislature, Regular Session, 1997, is

1-15     amended to read as follows:

1-16           Sec. 84.003.  HEARING RESCHEDULED FOR FAILURE OF SERVICE.

1-17     [(a)]  If a hearing set under this chapter is not held because of

1-18     the failure of a respondent to receive service of notice of an

1-19     application for a protective order, the applicant may request the

1-20     court to reschedule the hearing.

1-21           [(b)  Except as provided by Section 84.002, the date for a

1-22     rescheduled hearing shall be not later than 14 days after the date

1-23     the request is made.]

1-24           SECTION 3.  Section 84.002, Family Code, as added by S.B.

 2-1     797, Acts of the 75th Legislature, Regular Session, 1997, is

 2-2     repealed.

 2-3           SECTION 4.  This Act takes effect September 1, 1997, and

 2-4     applies only to an application for a protective order made on or

 2-5     after that date.  An application for a protective order made before

 2-6     the effective date of this Act is governed by the law in effect on

 2-7     the date the application was made, and the former law is continued

 2-8     in effect for that purpose.

 2-9           SECTION 5.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.